In the third article from our law firm on the topic of the amendment to the Labor Code, we will take a closer look at the concept of paternity leave. On October 4, 2022, the National Council of the Slovak Republic approved a bill amending Act No. 311/2001 Coll., the Labor Code, as amended, and amending certain other laws. The amendment introduces numerous and significant changes to the Labor Code, affecting various rights and obligations of employers regarding the establishment, modification, and termination of employment relationships. The changes will also affect the posting of employees, work performed under agreements outside of an employment relationship, and the introduction of a new institution of paternity leave. As part of supplementary proposals during the legislative process, an amendment was also proposed regarding the right of a trade union operating at an employer’s premises to approach an employee in an appropriate manner for the purpose of offering them membership. The originally intended effective date of the amendment (October 1, 2022) has been postponed, and the amended version of the Labor Code will take effect on November 1, 2022. We are also preparing a free webinar on the amendment to the Labor Code for November 30, 2022—you can find information about it at the end of this article.
In order to promote a more equal distribution of childcare responsibilities between women and men and to eliminate gender stereotypes, the European Union is working to address the lack of paid paternity and parental leave. In accordance with European Union law, the current version of the Labor Code already recognizes the concept of paternity leave, although it does not explicitly name it as such. However, this fact is not widely known and repeatedly gives rise to demands that paternity leave be introduced into the Labor Code, even though it is already established in the Labor Code in terms of its substance. The legislature is addressing this linguistic shortcoming in the current legal provisions of the Labor Code by introducing the term “paternity leave.”
Pursuant to Section 166(1), in connection with the care of a newborn child, a man is entitled to 28 weeks of paternity leave starting from the child’s date of birth, 31 weeks for a single man, and 37 weeks in connection with the care of two or more newborn children.
Maternity leave in connection with childbirth must not be shorter than 14 weeks and may not end or be interrupted before the expiration of six weeks from the date of childbirth. Currently, therefore, the child’s father may claim the sickness insurance benefit—maternity leave—only after six weeks have elapsed following the birth, that is, when the child’s mother ceases to receive maternity benefits.
With the aim of providing an opportunity to build a bond between fathers and children from an early age, the amendment introduces the possibility for both the father and the mother of the child to receive maternity benefits concurrently for two weeks within the six-week period following the child’s birth.
The conditions for a father to receive parental leave are:
- caring for the child
- health insurance coverage for at least 270 days in the two years preceding the date on which the parental leave is requested
Both the European Union and our legislature recognize that the birth of a child is one of the most beautiful moments in a parent’s life, and the new legislation allows the parents of a newborn to experience this period together within the family circle. The aim of this legislation is thus to promote work-life balance.
Starting with the effective date of the amended Labor Code, fathers will be able to split their maternity leave entitlement into two periods; this means that fathers will not receive an additional 2 weeks of leave, but the current entitlement will be divided into separate entitlements. During the first 6 weeks after the child’s birth, fathers may request 2 weeks of paternity leave, while the remaining portion of paternity leave (26 weeks) may be taken later.
Of course, splitting paternity leave into two periods is not mandatory. As has been the case until now, a father will still be able to take paternity leave all at once. Ultimately, the amendment to the Labor Code does not grant fathers an additional 2 weeks of paternity leave; it merely allows for its division into two periods.
The right to paternity leave does not belong only to the child’s biological father, but also to a man who has taken custody of the child based on a court decision placing the child in care that replaces parental care, such as a foster parent or adoptive parent.
Under current regulations, an employer may terminate the employment of a pregnant woman a mother until the end of the ninth month after childbirth, and a breastfeeding woman only in writing, in exceptional cases unrelated to her pregnancy or motherhood, and must provide proper written justification; otherwise, the termination is invalid. The amendment to the Labor Code proposes to extend protection against immediate termination of employment during the probationary period and to grant comparable protection to men taking paternity leave.
In conclusion, we would like to emphasize that if an employee returns to work after the end of a significant personal impediment to work, which includes paternity leave, the employer is obligated to assign the employee to their original job and workplace. If reassignment to the original job and workplace is not possible, the employer is obligated to assign the employee to another job consistent with the employment contract. The employer is obligated to assign the employee under conditions that are no less favorable to him than the conditions he had at the time the significant personal obstacle to work arose, and the employee is entitled to benefit from any improvement in working conditions to which he would have been entitled had this significant personal obstacle to work not occurred.
Our team of labor law experts guarantees the provision of effective legal services. If you need advice or assistance with any labor law issue, please do not hesitate to contact us. The law firm Hronček & Partners, s. r. o. is at your full disposal.
Webinar - Amendment to the Labor Code and GDPR
This webinar will cover:
1/ The most significant changes to the Labor Code following the major amendment (2022-2023)
(changes in legal regulations regarding the establishment, modification, and termination of employment relationships; agreements on work performed outside of an employment relationship; new employer obligations; changes regarding the posting of employees; and the introduction of paternity leave).
2/ Labor-law relationships in the context of the GDPR
(HR processes in the processing of personal data, purposes and legal bases for processing personal data, issues regarding consent, and legal aspects of the control mechanism in the workplace).
At the end of the webinar, participants will have the opportunity to ask questions of the speakers.
When: November 30, 2022, at 9:00 AM
Where: Online via the Webex platform
Speakers: Mgr. Andrea Domény (Hronček & Partners), Mgr. Anna Kopkášová (Hronček & Partners), Barbora Plavcová Gombárska (Top privacy)
Price: Free
The webinar is organized by Hronček & Partners, s. r. o. and Top privacy s.r.o.
Participation in the webinar is free and limited to a certain number of participants.
Register for the webinar to gain an overview of the Labor Code Amendment and the GDPR, and take advantage of the opportunity to have any of your questions in these areas answered.
You can register now using our form. Join the event on LinkedIn or Facebook and don’t miss any updates about the webinar. We look forward to seeing you there!
